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(영문) 서울중앙지방법원 2020.11.23 2020고단1825
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B(23 years of age) are related to each other.

At around 17:00 to 17:30 on February 8, 2020, the Defendant: (a) took a dispute with the victim on the ground that he and the victim at his own house located in Gangnam-gu Seoul building and subparagraph (D) have the face on one hand from the victim; (b) had the face on one hand; and (c) had the knife (9cm length) in which he and the victim were in a main room; and (d) carried the victim’s left chest part of the victim’s chest and carried the upper part of the chest on one hand, where the number of treatment days cannot be known to the victim.

Summary of Evidence

Witness

Part B Legal Statements

1. The victim of the B’s written statement and each photograph of the police seizure protocol and the list of seizure lists (Evidence No. 9, 10) stated in this Court that “The process of physical fighting with the Defendant and whether his wife occurred in the process of physical fighting with the Defendant” was not memory.

After marriage after the case, the defendant and the victim were divorced, they repeated with the male and female, and the victim was living together with the ruling again at the time of making a statement in this court.

The victim respondeded to the defendant, the circumstance of the defendant's knife and told the defendant to die with him, and the situation after the body fighting with the defendant was questioned immediately.

However, it is consistent with the defendant's answer that the process of physical fighting with the defendant and whether his wife occurred in the process of physical fighting with the defendant's body is not memory while examining the defendant's eye or thinking about the defendant's eye.

In addition, it stated that “the wife was in the previous stage of the instant case,” the difference between “whether the wife was in the previous stage of the instant case,” was not memory.

The above victim's legal statement attitude and victim's "the defendant knife."

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